Hartshorn v. Byrne

Citations

• 147 Ill. 418
• 35 N.E. 622

Syllabus

<p>1. Evidence—cross-examination. As a general rule, a party has no-right to cross-examine a witness except as to facts and circumstances connected with the matters stated in his direct examination. But every refusal of a cross-question will not amount to reversible error.</p> <p>2. Same—to show who furnished lumber for a house. Where there is-a dispute whether lumber furnished for the erection of a house was furnished to the owner of the house or to his contractor, the fact that the latter carried away the lumber not used in the building may be a slight circumstance tending to show that the contractor furnished the lumber for the house. *</p> <p>3. If the defendant agrees with the plaintiff to pay him for the lumber ordered by the contractor, the fact that the defendant permits the contractor to carry off a part of the lumber will not deprive the plaintiff of his rights under the agreement.</p> <p>4. Same—order for money—explaining by parol evidence. Where & contractor for the building of a house gives a written order on the owner of the building.to pay a party furnishing lumber therefor a certain amount in full for lumber to the date thereof, it is proper to show the facts and circumstances under which the order was given, as, that it represents lumber charged on the books of the payee to the drawer.</p> <p>5. In an action by the plaintiff, against the defendant, for a bill of lumber ordered by the contractor of the defendant, to be used in the building of a house, in which the plaintiff contended that the lumber was furnished on the credit of the defendant, and the latter insisted that it was furnished by the contractor, it appeared that defendant inquired of the contractor what amount of lumber had been procured of the plaintiff, and the contractor examined plaintiff’s books and found the amount to be $1503.(17, when he signed an order in favor ofcplaintiff for that sum on the defendant, “in full for lumber to date.” On the trial, the plaintiff, after giving the